ACT Teacher Quality Institute Act 2010 (ACT)
ACT Teacher Quality Institute Act 2010
A2010-55
Republication No 27
Effective: 2 January 2025
Republication date: 2 January 2025
Last amendment made by A2023‑54
(republication for expiry of provisions (s 41, s 68 (2)-(4), s 70))
About this republication
The republished law
This is a republication of the ACT Teacher Quality Institute Act 2010 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 2 January 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 2 January 2025.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
ACT Teacher Quality Institute Act 2010
Contents
Page
Part 1 Preliminary
1 Name of Act 2
3 Dictionary 2
4 Notes 2
5Offences against Act—application of Criminal Code etc 3
6 Purpose 3
Part 2 Key concepts
7 Meaning of teacher 4
8 Meaning of teaching 4
9 Meaning of approved teacher 4
Part 3 ACT Teacher Quality Institute
Division 3.1 Establishment and functions of the institute
10 Establishment of institute 5
11 Functions of institute 5
12 Exercise of institute functions 6
13 Delegation by institute 6
Division 3.2 Institute board
14 Establishment of institute board 7
15 Institute board members 7
16 No deputy chair 9
17 Chief executive officer of institute 9
18 Reimbursement for board members 9
Division 3.3 Institute board committees
19 Establishment of committees 10
20 Exercise of committee functions 10
21 Membership of committees 11
22 Reimbursement for committee members 11
Division 3.4 Institute staff and consultants
23 Institute’s staff 12
24 Institute consultants 12
Division 3.5 Miscellaneous
25 Ministerial directions 12
Part 4 Registration and permits to teach
Division 4.1 Application––pt 4
27 Application––pt 4 13
Division 4.2 Offences—unapproved teachers
28 Offence––teaching in school without being an approved teacher 13
29 Offence––employing, engaging or allowing person who is not an approved teacher to teach in school 14
Division 4.3 Applications for registration and permits to teach
30 Application for registration or permit to teach 14
31 Extension of time for meeting registration or permit to teach requirements 15
32 Eligibility for full registration 16
33 Eligibility for provisional registration 18
33A Eligibility for early childhood teacher registration 19
34 Eligibility for permit to teach 20
35 Additional eligibility requirements for permits to teach 21
36 Decision on registration or permit to teach application 22
37 Extension of period for decision on registration or permit to teach application 24
38 Conditions of registration and permit to teach 25
39 Extension of period for decision on additional condition 27
40 Institute to give notice of registration or permit to teach 28
Division 4.4 Register of teachers
42 Keeping teachers register 29
43 Details to be entered in teachers register 29
43A Sharing teachers register information—status of registration or permit 31
44 Sharing teachers register information—corresponding registering authority 32
44A Sharing teachers register information—approved data linkage agency 32
44B Sharing teachers register information—other entities 33
45 Changes to teachers register 33
46 Teacher may correct teachers register 34
Division 4.5 Term of registration or permits to teach
47 Term of registration and permit to teach 34
Division 4.6 Renewal of registration and permits to teach
50 Notice of renewal for registration or permit to teach 35
51 Renewal of registration 35
52 Renewal of registration with conditions 38
53 Renewal of permits to teach 39
54 Renewal of permits to teach with conditions 40
55 Extension of period for decision on renewal of registration or permit to teach or imposition of condition 42
Division 4.7 Amendment and end of registration and permits to teach
56 Amendment of registration or permit to teach on institute’s initiative 43
57 Amendment of registration or permit to teach on application 45
58 End of registration or permit to teach 45
Part 5 Codes of practice
59 Codes of practice 47
60 Notice of code approvals 47
61 Approved code of practice may be considered 48
62 Relationship of Act with approved codes of practice 48
Part 6 Regulatory action
Division 6.1 Suspension or cancellation of registration or permits to teach
63 Grounds for suspending or cancelling registration or permits to teach 49
64 Notice of proposed suspension or cancellation of registration or permits to teach 50
65 Suspending or cancelling registration or permit to teach 51
66 Giving corresponding registering authorities information about suspension or cancellation action 52
67 Employer’s obligation to notify institute about teacher 53
Division 6.2 Other regulatory action
68 Voluntary cancellation of registration or permit to teach 53
69 Inquiries about registered addresses 53
Division 6.3 Disclosure of information
70A Disclosure of information to institute 54
70B Employer to tell institute about notification event 54
70C Institute may request further information 56
70CA Institute to give relevant information to prevent child harm 57
70D Protection of information disclosed under this division 58
Part 6A Professional experience
Division 6A.1 Preliminary
70E Meaning of professional experience 59
Division 6A.2 Approval for professional experience
70F Approval required for professional experience 59
70G Professional experience approval 59
Division 6A.3 Pre-service teachers register
70H Register of pre-service-teachers 61
70I Details to be entered on pre-service teachers register 61
70J Sharing pre-service teachers register information—principals and universities 63
70K Sharing pre-service teacher information—approved data linkage agency 64
70L Sharing pre-service teachers register information—other entities 65
70M Changes to pre-service teachers register 65
70N Pre-service teacher may correct pre-service teachers register 67
Part 7 Accreditation––education programs
Division 7.1 Register of accredited education programs
71 Education programs register 68
Division 7.2 Accreditation of education programs
72 Institute may initiate accreditation of education program 69
73 Applying for accreditation 69
74 Decision about accreditation 69
75 Accreditation guidelines 71
76 Criteria for accreditation of education programs 71
77 Expert committee 72
78 Period of accreditation 72
79 Renewal of accreditation 73
80 Review of accredited education program 74
81 Grounds for suspending or cancelling accreditation 75
82 Notice of proposed suspension or cancellation of accreditation 76
83 Suspending or cancelling accreditation 77
84 Voluntary cancellation of accreditation 77
85 Suspension or cancellation of accreditation—education program previously agreed 78
86 Registering end of accreditation 79
87 Offence to falsely claim education program accredited 79
Part 8 Notification and review of decisions
88 Meaning of reviewable decision—pt 8 80
89 Reviewable decision notices 80
90 Applications for review 80
Part 9 Miscellaneous
91 Protection from civil liability 81
92 Offences—use or divulge protected information 81
93 Evidentiary certificates 84
94 Disqualification orders 84
94A Approved data linkage agency 85
95 Determination of fees 85
96 Approved forms 86
97 Determination of standards 86
98 Regulation-making power 86
Schedule 1 Reviewable decisions 88
Dictionary92
Endnotes
1 About the endnotes 96
2 Abbreviation key 96
3 Legislation history 97
4 Amendment history 101
5 Earlier republications 109
6 Expired transitional or validating provisions 112
ACT Teacher Quality Institute Act 2010
An Act to establish the ACT Teacher Quality Institute, and for other purposes
Part 1Preliminary
Name of Act
This Act is the ACT Teacher Quality Institute Act 2010.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
For example, the signpost definition ‘non-government school—see the Education Act 2004, dictionary.’ means that the term ‘non-government school’ is defined in that dictionary and the definition applies to this Act.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
Purpose
The purpose of this Act is to—
(a)uphold the standards of the teaching profession; and
(b)protect students and the community by ensuring education in schools is provided in a professional and competent way by approved teachers; and
(c)enhance the status of the teaching profession by recognising the professional learning and development of teachers throughout their careers; and
(d)maintain community confidence in the teaching profession.
Part 2Key concepts
Meaning of teacher
For this Act, teacher means a person who undertakes teaching.
Meaning of teaching
For this Act, teaching—
(a)means carrying out duties that include—
(i)the delivery of education services; or
(ii)the assessment of a child’s participation in education services; or
(iii)the administration of education services; but
(b)does not include carrying out duties—
(i)as a teacher’s aide, teacher’s assistant or pre-service teacher; or
(ii)to support a child’s learning and development as part of a service providing early childhood education and care.
Meaning of approved teacher
For this Act, approved teacher––
(a)means a person who is––
(i)a registered teacher; or
(ii)a permit-holder; but
(b)does not include a person whose registration or permit to teach is suspended under this Act or a corresponding law.
Part 3ACT Teacher Quality Institute
Division 3.1 Establishment and functions of the institute
NoteThe governance of territory authorities, including the ACT Teacher Quality Institute, is regulated by the Financial Management Act 1996 (the FMA), pt 9 as well as the Act that establishes them.
The FMA, pt 9 deals, for example, with the corporate status of territory authorities and their powers, the make-up of governing boards, the responsibilities of the governing board and board members, how governing board positions can be ended, meetings of governing boards and conflicts of interest.
Establishment of institute
The ACT Teacher Quality Institute (the institute) is established.
Functions of institute
(1)The institute has the following functions:
(a)to register, or issue permits to teach to, eligible people;
(b)to keep a register of, and records relating to, teachers working or intending to work in the ACT;
(c)to keep a register of, and records relating to, pre-service teachers undertaking or intending to undertake professional experience;
(d)to use and share information on the teachers register and pre‑service teachers register to facilitate planning or research in relation to teacher quality or the teaching workforce (a planning or research purpose);
(e)to promote and encourage––
(i)the continuous professional learning and development of teachers; and
(ii)increased levels of skill, knowledge, expertise and professionalism of teachers;
(f)to determine standards for, and to facilitate, the professional learning and development of teachers;
(g)to develop and apply codes of practice about the professional conduct or practice of teachers;
(h)to determine standards, including assessment and certification standards, for the teaching profession within a framework of nationally recognised professional standards;
(i)to accredit education programs for pre-service teachers and teachers;
(j)to monitor compliance with and enforce this Act.
(2)The institute may exercise any other function given to it under this Act or another territory law.
NoteA provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).
(3)The institute must exercise its functions in the best interests of children, taking into account their safety and welfare.
Exercise of insitute functionst
The institute must comply with directions given to the institute under this Act or another territory law.
NoteThe Minister may give the institute directions under s 25.
Delegation by institute
The institute may delegate the institute’s functions to––
(a)the director‑general; or
(b)the chief executive officer; or
(c)an institute board member; or
(d)a committee of the institute board; or
(e)an institute staff member; or
(f)an entity prescribed by regulation.
NoteFor the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
Division 3.2 Institute board
Establishment of institute board
The institute has a governing board (the institute board).
Note An appointment of a governing board member is an appointment under this section (see Financial Management Act 1996, s 78 (7) (b)).
Institute board members
(1)The institute board has at least 13, but not more than 15, members.
(2)The institute board must include the following members:
(a)a chair;
NoteThe chair of the governing board must be appointed under the Financial Management Act 1996, s 79.
(b)the chief executive officer;
NoteThe chief executive officer is a member of the governing board (see Financial Management Act 1996, s 80 (4)).
(c)1 member nominated by the director‑general;
(d)1 member nominated by the Association of Independent Schools of the ACT;
(e)1 member nominated by the Archdiocese of Canberra and Goulburn Catholic Education Office;
(f)1 member nominated by the Australian Education Union;
(g)1 member nominated by the NSW/ACT Independent Education Union;
(h)1 member nominated by the University of Canberra;
(i)1 member nominated by the Australian Catholic University, ACT Campus;
(j)1 member to represent teachers and principals of government schools;
(k)1 member to represent teachers and principals of non‑government schools;
(l)1 member to represent early childhood teachers;
(m)1 member to represent the community.
(3)The chair of the institute board must not be a member mentioned in subsection (2) (b) to (m).
(4)The Minister must appoint the members of the institute board other than the chief executive officer.
Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
Note 3Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).
(5)However, the Minister may appoint a member mentioned in subsection (2) (m), only if satisfied that the person has qualifications and expertise relevant to the functions of the institute board.
(6)The appointment of a member, other than the chief executive officer, must be for a term of not longer than 3 years.
NoteA person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint).
(7)However, a member, other than the chief executive officer, must not be reappointed to the institute board within 3 years after the day the member’s second term of appointment ends.
(8)The conditions of appointment of the chair are the conditions agreed between the Minister and the chair, subject to any determination under the Remuneration Tribunal Act 1995.
(9)The Financial Management Act 1996, section 78 (5) does not apply to the appointment of a member.
(10)The chief executive officer is a non-voting member of the institute board.
NoteThe Financial Management Act 1996, s 95 (2) and s 96 (1) deal with non-voting members of governing boards.
No deputy chair
The Minister must not appoint a deputy chair for the institute board.
Note 1This section ensures that a deputy chair cannot be appointed for the governing board under the Financial Management Act 1996, s 79 (1).
Note 2The Minister may appoint an acting chair (see Legislation Act, s 209).
Chief executive officer of institute
The chief executive officer of the institute must be a public servant.
NoteThe chief executive officer must be appointed under the Financial Management Act 1996, s 80 (3).
Reimbursement for board members
(1)A board member, other than the chair or chief executive officer, is not entitled to be paid for the exercise of the member’s board functions.
(2)However, the Territory must reimburse a board member for expenses reasonably incurred in the exercise of the member’s board functions.
Division 3.3 Institute board committees
Establishment of committees
(1)The institute board may establish committees to help the board to exercise its functions.
(2)Without limiting subsection (1), the following committees may be established:
(a)corporate governance;
(b)accreditation;
(c)registration;
(d)standards and professional development;
(e)consultation and communications;
(f)professional practice.
Exercise of committee functions
(1)The institute board may decide—
(a)how a committee is to exercise its functions; and
(b)the procedure to be followed for meetings of a committee, including—
(i)calling meetings; and
(ii)the number of committee members to be present at meetings (including requirements that particular members be present); and
(iii)the committee member who is to preside at meetings; and
(iv)how questions arising at a meeting are to be decided; and
(v)keeping minutes of meetings.
(2)Subject to any decision of the institute board under subsection (1), a committee may decide its own procedures.
Membership of committees
(1)A committee consists of the people appointed by the institute board.
Note 1For the making of appointments (including acting appointments), see the Legislation Act, div 19.3.
Note 2In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
(2)A committee may consist entirely or partly of institute board members.
Reimbursement for committee members
(1)A committee member is not entitled to be paid for the exercise of the member’s committee functions.
(2)However, the Territory must reimburse a committee member for expenses reasonably incurred in the exercise of the member’s committee functions.
(3)In this section:
committee member includes a committee member who is also an institute board member.
Division 3.4 Institute staff and consultants
Institute’s staff
(1)The chief executive officer may employ staff for the institute on behalf of the Territory.
(2)The institute’s staff must be employed under the Public Sector Management Act 1994.
NoteThe Public Sector Management Act 1994, div 8.2 applies to the chief executive officer in relation to the employment of staff (see Public Sector Management Act 1994, s 152).
Institute consultants
(1)The institute may engage consultants.
(2)However, the institute must not enter into a contract of employment under this section.
Division 3.5 Miscellaneous
Ministerial directions
(1)The Minister may give a direction to the institute about the exercise of its functions.
(2)The Minister must not give a direction that relates to a particular teacher or a particular assessment about a teacher.
(3)The institute must give effect to the direction.
(4)A direction is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Part 4Registration and permits to teach
Division 4.1 Application––pt 4
Application––pt 4
(1)This part does not apply to the following:
(a)a pre-service teacher;
(b)a parent providing home education for the parent’s child;
(c)an unpaid volunteer, including a parent, assisting at a school;
(d)a teacher’s aide;
(e)education assistants and support staff working at a school.
(2)In this section:
home education––see the Education Act 2004, dictionary.
Division 4.2 Offences—unapproved teachers
Offence––teaching in school without being an approved teacher
(1)A person commits an offence if the person––
(a)teaches in a school; and
(b)is not an approved teacher.
Maximum penalty: 50 penalty units.
(2)An offence against this section is a strict liability offence.
Offence––employing, engaging or allowing person who is not an approved teacher to teach in school
(1)A person commits an offence if––
(a)the person employs, engages or allows another person to teach in a school; and
(b)the other person is not an approved teacher.
Maximum penalty: 50 penalty units.
(2)An offence against this section is a strict liability offence.
Division 4.3 Applications for registration and permits to teach
Application for registration or permit to teach
(1)A person may apply to the institute for any of the following:
(a)full registration as a teacher;
(b)provisional registration as a teacher;
(c)registration as an early childhood teacher;
(d)a permit to teach.
Note 1If a form is approved under s 96 for the application, the form must be used.
Note 2A fee may be determined under s 95 for this provision.
(2)The application must include––
(a)the details prescribed by regulation; and
(b)the documents or information needed to satisfy the eligibility requirements for the application under—
(i)section 32; or
(ii)section 33; or
(iii)section 33A; or
(iv)section 34; or
(v)section 35.
NoteGiving false or misleading information and producing false or misleading documents are offences against the Criminal Code, s 338 and s 339.
(3)The institute may, in writing, require the applicant to give the institute additional information that the institute reasonably needs to decide the application.
(4)If the applicant does not comply with a requirement under subsection (3) within 28 days after the day the request is made, the institute may, subject to section 31, refuse to consider the application further and the application will lapse.
Extension of time for meeting registration or permit to teach requirements
(1)An applicant for registration or a permit to teach, who is required to provide additional information to the institute under section 30 (3) may apply to the institute for an extension of time to give the information.
(2)The application must—
(a)be in writing; and
(b)state the reasons for the extension of time; and
(c)state the additional time the applicant considers necessary to meet the registration or permit to teach requirements.
(3)The institute may––
(a)grant an extension of time; or
(b)refuse to grant an extension of time.
(4)If the institute refuses to grant an extension of time, the institute must notify the applicant in writing and inform the applicant that the institute may refuse to consider the application further if the information is not given within 28 days after the day the notice is given.
(5)The application lapses—
(a)if the information is not given within the time granted under the extension; or
(b)if the extension is refused—28 days after the day the notice is given under subsection (4).
Eligibility for full registration
(1)A person is eligible for full registration as a teacher if the institute is satisfied on reasonable grounds that––
(a)the person—
(i)holds provisional registration; or
(ii)is an early childhood teacher; or
(iii)previously held full registration; and
(b)in the 5-year period before the day the application is made the person taught for the period prescribed by regulation; and
(c)if the person is an early childhood teacher or previously held full registration—the person—
(i)has a teaching qualification prescribed by regulation for section 33 (1) (a); and
(ii)meets the oral and written English language communication requirements prescribed by regulation for section 33 (1) (b); and
(d)the person holds working with vulnerable people registration; and
(e)the person—
(i)is an Australian citizen; or
(ii)is a New Zealand citizen; or
(iii)holds a visa allowing them to engage in work in the ACT for the duration of the visa under the Migration Act 1958 (Cwlth); and
Example
a permanent resident of Australia
(f)if the person has provisional registration or a permit to teach that is subject to 1 or more conditions––the person has fulfilled each condition; and
(g)the person meets any requirements prescribed by regulation for full registration; and
Examples
1compliance with an approved code of practice
2compliance with any nationally recognised standard of professional practice
(h)the person’s registration or permit to teach has not been cancelled in the ACT or by a corresponding registering authority other than in accordance with a request by the person.
(2)However, a person who would be eligible under subsection (1) but for the cancellation of the person’s registration or permit to teach, is eligible to be fully registered as a teacher if the institute is satisfied on reasonable grounds, after considering the reason for the cancellation and anything relevant that the person has done since the cancellation, that the person should be fully registered.
(3)The institute may make guidelines about the registration of people under subsection (2).
(4)A guideline is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Eligibility for provisional registration
(1)A person is eligible for provisional registration as a teacher if the institute is satisfied on reasonable grounds that––
(a)the person holds a teaching qualification prescribed by regulation; and
(b)the person has the oral and written English language communication requirements prescribed by regulation; and
(c)the person holds working with vulnerable people registration; and
(d)the person—
(i)is an Australian citizen; or
(ii)is a New Zealand citizen; or
(iii)holds a visa allowing them to engage in work in the ACT for the duration of the visa under the Migration Act 1958 (Cwlth); and
Example
a permanent resident of Australia
(e)if the person has a permit to teach that is subject to 1 or more conditions––the person has fulfilled each condition; and
(f)the person meets any requirements prescribed by regulation for provisional registration; and
(g)the person’s registration or permit to teach has not been cancelled in the ACT or by a corresponding registering authority other than in accordance with a request by the person.
(2)However, a person who would be eligible under subsection (1) but for the cancellation of the person’s registration or permit to teach, is eligible to be provisionally registered as a teacher if the institute is satisfied on reasonable grounds, after considering the reason for the cancellation and anything relevant that the person has done since the cancellation, that the person should be provisionally registered.
(3)The institute may make guidelines about the registration of people under subsection (2).
(4)A guideline is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
33AEligibility for early childhood teacher registration
A person is eligible for registration as an early childhood teacher if the institute is satisfied on reasonable grounds that the person—
(a)holds a teaching qualification prescribed by regulation for registration; and
(b)meets the oral and written English language communication requirements prescribed by regulation; and
(c)holds working with vulnerable people registration; and
(d)satisfies any of the following:
(i)is an Australian citizen;
(ii)is a New Zealand citizen;
(iii)holds a visa allowing them to engage in work in the ACT for the duration of the visa under the Migration Act 1958 (Cwlth); and
Example
a permanent resident of Australia
(e)meets any requirements prescribed by regulation for registration as an early childhood teacher.
Eligibility for permit to teach
A person is eligible for a permit to teach if the institute is satisfied on reasonable grounds that––
(a)the person––
(i)has specialist knowledge, training, skills or qualifications, or has completed a teaching qualification that does not meet the eligibility requirements for full or provisional registration; and
(ii)has been offered a teaching position in a school where a suitable registered teacher is not available to fill the position and subject to the person obtaining a permit to teach; and
(iii)meets the additional requirements in section 35; or
(b)the person––
(i)is progressing towards a qualification prescribed by regulation to become a teacher; and
(ii)has completed all professional experience required to achieve the qualification; and
(iii)has been offered a teaching position in a school subject to the person obtaining a permit to teach; and
(iv)meets the additional requirements in section 35.
Additional eligibility requirements for permits to teach
(1)The institute must also be satisfied on reasonable grounds about the following in relation to a person applying for a permit to teach:
(a)that the person has the oral and written English language communication requirements prescribed by regulation;
(b)the person holds working with vulnerable people registration;
(c)for a person to whom section 34 (a) applies—that the person—
(i)is an Australian citizen; or
(ii)is a New Zealand citizen; or
(iii)holds a visa allowing them to engage in work in the ACT for the duration of the visa under the Migration Act 1958 (Cwlth);
Example
a permanent resident of Australia
(d)that the person meets any requirements prescribed by regulation for a permit to teach;
(e)that the person’s permit to teach or registration has not been cancelled in the ACT or by a corresponding registering authority other than in accordance with a request by the person.
(2)However, a person who would be eligible under subsection (1) but for the cancellation of the person’s permit to teach or registration, is eligible for a permit to teach if the institute is satisfied on reasonable grounds, after considering the reason for the cancellation and anything relevant that the person has done since the cancellation, that the person should be issued a permit to teach.
(3)The institute may make guidelines about the issuing of permits to teach under subsection (2).
(4)A guideline is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Decision on registration or permit to teach application
(1)On application by a person for full registration, provisional registration, registration as an early childhood teacher or a permit to teach, the institute must—
(a)if the person is eligible for full registration––fully register the person; or
(b)if the person is eligible for provisional registration––provisionally register the person; or
(c)if the person is eligible to be registered as an early childhood teacher—register the person as an early childhood teacher; or
(d)if the person is eligible for a permit to teach––issue the person a permit to teach; or
(e)if the person is not eligible for full registration, provisional registration or a permit to teach—refuse to register the person or issue a permit to teach.
(2)The institute may provisionally register a person who applies for full registration if the person––
(a)is not eligible for full registration; but
(b)is eligible for provisional registration.
(3)If a person who applies for registration as an early childhood teacher is eligible for full or provisional registration, the institute may—
(a)if the person is eligible for full registration—fully register the person; or
(b)if the person is eligible for provisional registration—provisionally register the person.
(4)The institute may register a person who applies for full or provisional registration as an early childhood teacher if the person—
(a)is not eligible for full registration or provisional registration; but
(b)is eligible for registration as an early childhood teacher.
(5)The institute may issue a permit to teach to a person who applies for registration if the person––
(a)is not eligible for registration; but
(b)is eligible for a permit to teach.
(6)However, the institute may refuse an application, or decide an application under subsection (2), (3), (4) or (5), only if—
(a)the institute has given the person written notice of the proposed refusal or decision; and
(b)the notice states––
(i)the reasons for the proposed refusal or decision; and
(ii)that written comments on the proposed refusal or decision, may be made to the institute before the end of a stated period of at least 14 days after the day the notice is given to the person; and
(c)the institute has considered any comments made by the person before the end of the stated period.
(7)If the institute refuses an application for registration or permit to teach, the institute must, as soon as practicable, refund the fee paid by the person for the application.
Extension of period for decision on registration or permit to teach application
(1)On written application by a person, the institute may extend the period mentioned in section 36 (6) (b) (ii).
NoteThe institute may extend the period even if it has ended (see Legislation Act, s 151C).
(2)The institute may extend the period only if the institute is satisfied on reasonable grounds that it is appropriate to extend the period given the person’s circumstances.
Examples—when period may be extended
1 a person did not receive a notice under s 36 (6) (a) because the person was unexpectedly hospitalised
2 a person needs more than 14 days to obtain information or documents to support the person’s written comments because the information or documents are from interstate or a foreign country
(3)The institute must tell the person in writing of the decision under subsection (1) and—
(a)if the institute extends the period—the extended period; or
(b)if the institute refuses to extend the period—the reasons for the refusal.
NoteThe institute must also give the person a reviewable decision notice in relation to a decision to—
(a)extend the period for less than period applied for; or
(b)refuse to extend the period (see s 89).
Conditions of registration and permit to teach
(1)It is a condition of an approved teacher’s registration or permit to teach that the teacher––
(a)undertakes continuing professional development in accordance with any directions given under subsection (3); and
(b)complies with an approved code of practice under section 59, relating to professional conduct, as stated on the registration or permit to teach; and
(c)maintains working with vulnerable people registration; and
(d)tells the institute, in writing, if any of the following happen:
(i)the teacher is given a negative notice under the Working with Vulnerable People (Background Checking) Act 2011, section 40;
(ii)the teacher’s working with vulnerable people registration—
(A)is made subject to a condition or interim condition; or
(B)is suspended; or
(C)ends; and
(e)if the teacher is an early childhood teacher—may only teach a child who—
(i)is not yet of compulsory education age; or
(ii)is attending kindergarten.
(2)The institute may, in writing, exempt an early childhood teacher from subsection (1) (e) if the institute is satisfied on reasonable grounds that, having considered the teacher’s demonstrated abilities, knowledge and skills, that subsection should not apply to the them.
(3)The institute may give directions about continuing professional development for approved teachers.
(4)A direction is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
(5)The institute may impose additional conditions on the registration or permit to teach if the institute is satisfied the conditions are necessary to ensure the approved teacher meets the eligibility requirements under—
(a)section 32 (Eligibility for full registration); or
(b)section 33 (Eligibility for provisional registration); or
(c)section 33A (Eligibility for early childhood teacher registration); or
(d)section 34 (Eligibility for permit to teach); or
(e)section 35 (Additional eligibility requirements for permits to teach).
Examples––additional conditions the institute might impose
· requiring the teacher to complete a course or an additional qualification
· requiring the supervision of the teacher
· requiring an applicant for provisional registration to attain the eligibility requirements necessary to apply for full registration within a stated period
· restricting the subjects the teacher can teach
(6)However, the institute may impose an additional condition, only if—
(a)the institute has given the teacher written notice of the proposed additional condition; and
(b)the notice states––
(i)the reasons for the proposed additional condition; and
(ii)that written comments on the proposed additional condition may be made to the institute before the end of a stated period of at least 14 days after the day the notice is given to the teacher; and
(c)the institute has considered any comments made by the teacher before the end of the stated period.
(7)The institute may make guidelines for imposing additional conditions on a registration or permit to teach.
(8)A guideline is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
(9)In this section:
compulsory education age—see the Education Act 2004, section 9.
kindergarten means the first level of education provided by a school.
level of education—see the Education Act 2004, dictionary.
Extension of period for decision on additional condition
(1)On written application by an approved teacher, the institute may extend the period mentioned in section 38 (6) (b) (ii).
NoteThe institute may extend the period even if it has ended (see Legislation Act, s 151C).
(2)The institute may extend the period only if the institute is satisfied on reasonable grounds that it is appropriate to extend the period given the teacher’s circumstances.
Examples—when period may be extended
1 a teacher did not receive a notice under s 38 (6) (a) because the teacher was unexpectedly hospitalised
2 a teacher needs more than 14 days to obtain information or documents to support the teacher’s written comments because the information or documents are from interstate or a foreign country
(3)The institute must tell the teacher in writing of the decision under subsection (1) and—
(a)if the institute extends the period—the extended period; or
(b)if the institute refuses to extend the period—the reasons for the refusal.
NoteThe institute must also give the teacher a reviewable decision notice in relation to a decision to—
(a)extend the period for less than period applied for; or
(b)refuse to extend the period (see s 89).
Institute to give notice of registration or permit to teach
(1)If the institute registers a person, or renews a person’s registration, the institute must give the person a written notice stating the following:
(a)the person’s name;
(b)the date the registration starts and ends;
(c)the person’s unique registration number;
(d)the type of registration the person holds;
(e)any conditions of the registration.
(2)If the institute issues a permit to teach to a person, or renews a person’s permit to teach, the institute must give the person a written notice stating the following:
(a)the person’s name;
(b)the date the permit to teach starts and ends;
(c)each school where the person is permitted to teach;
(d)any conditions of the permit to teach.
Division 4.4 Register of teachers
Keeping teachers register
(1)The institute must keep a register (a teachers register) of teachers.
(2)The teachers register may be kept in any form, including electronically.
Example
1 or more computer databases
(3)The institute must not disclose any information in the teachers register to anyone else except in accordance with this Act or another law in force in the ACT.
NoteThe Territory privacy principles (the TPPs) apply to the institute (see Information Privacy Act 2014, sch 1). The TPPs deal with the collection, storage and exchange of personal information.
(4)Any mistake, error or omission in the teachers register must be corrected.
Note It is an offence to divulge protected information such as the information on the teachers register unless authorised by law (see s 92).
Details to be entered in teachers register
(1)The following details must be entered in the teachers register in relation to a teacher:
(a)the teacher’s name and any former names;
(b)the address of each place (a registered teaching address) where the teacher teaches;
(c)the teacher’s home address, preferred contact address and email address;
(d)the teacher’s date of birth;
(e)the teacher’s gender;
(f)whether the teacher identifies as an Aboriginal or Torres Strait Islander person;
(g)whether the teacher holds full registration, provisional registration, registration as an early childhood teacher or a permit to teach;
(h)the teacher’s unique registration number;
(i)the date of registration or a permit to teach;
(j)the period of registration or a permit to teach;
(k)details of any qualifications and experience, including any education program, relied on by the teacher to obtain registration or a permit to teach;
(l)any conditions of registration or a permit to teach;
(m)if the teacher’s registration or permit to teach has been suspended––
(i)the day the suspension took effect; and
(ii)the grounds for suspension; and
(iii)the period of suspension;
(n)if the teacher’s registration or permit to teach has been cancelled––
(i)the day the cancellation took effect; and
(ii)the grounds for cancellation;
(o)any other details prescribed by regulation.
(2)The teachers register may also include the following information in relation to teachers that the institute considers may be relevant for this Act:
(a)current employment;
(b)teaching history;
(c)education programs undertaken;
(d)anything else prescribed by regulation.
43ASharing teachers register information—status of registration or permit
(1)The following information on the teachers register must be made available to a teacher’s employer or prospective employer on request:
(a)whether a teacher holds full registration, provisional registration, registration as an early childhood teacher or a permit to teach;
(b)any conditions that apply to the teacher’s registration or permit to teach;
(c)whether the teacher’s registration or permit to teach is suspended or cancelled;
(d)any education programs undertaken by the teacher.
(2)However, the institute must not, under subsection (1) (c), make available the grounds for suspension or cancellation of a teacher’s registration or permit to teach.
(3)The institute may make information on the teachers register, about whether a teacher holds full registration, provisional registration, registration as an early childhood teacher or a permit to teach, available to someone else on request.
Sharing teachers register information—corresponding registering authority
Information in the register, including information that is not available to the public, may be given to a corresponding registering authority to assist in the regulation of teachers in the authority’s corresponding jurisdiction.
NoteSection 66 deals with information that the institute must give to a corresponding registering authority about suspension or cancellation action.
44ASharing teachers register information—approved data linkage agency
(1)The institute may give information on the teachers register to an approved data linkage agency if the institute is satisfied the information will be used for a planning or research purpose.
NoteApproved data linkage agency—see s 94A.
(2)An approved data linkage agency that receives information under this section may give the information to another entity only for a planning or research purpose.
(3)However, an approved data linkage agency that receives information under this section must not—
(a)give the information to another entity in a way that identifies a teacher; or
(b)use the information—
(i)in a way that identifies a teacher; or
(ii)for a purpose other than a planning or research purpose.
(4)In this section:
information, on the teachers register, includes information removed from the teachers register under section 45 (3).
44BSharing teachers register information—other entities
(1)The institute may give information on the teachers register to an entity if the institute is satisfied the information will be used for a planning or research purpose.
(2)However—
(a)the institute must not give any information to an entity in a way that identifies a teacher; and
(b)the entity must not use the information for a purpose other than a planning or research purpose.
(3)In this section:
information, on the teachers register—see section 44A (4).
Changes to teachers register
(1)A teacher must tell the institute about a change of the teacher’s name or address as soon as practicable but not later than 21 days after the change happens.
(2)If a teacher tells the institute about a change of name or address under this section, the change must be entered in the teachers register.
(3)If a person’s registration or permit to teach ends, details of the person’s registration or permit to teach must be removed from the teachers register.
NoteFor when a person’s registration or permit to teach ends, see s 58.
(4)However, nothing in this section prevents the institute keeping a record of––
(a)a previous name or address under subsection (2); or
(b)details about registration or permits to teach removed from the register under subsection (3).
(5)In this section:
address means home address, registered teaching address, preferred contact address and email address.
Teacher may correct teachers register
(1)The institute must, if asked by a teacher, give the teacher a copy of all the information held in the teachers register in relation to the teacher.
(2)The institute must comply with subsection (1) as soon as practicable, but not later than 14 days after the day the institute was asked.
(3)A teacher may ask the institute to amend any incorrect information held in the teachers register in relation to the teacher.
(4)The institute must comply with the request if satisfied that the information is incorrect.
Division 4.5 Term of registration or permits to teach
Term of registration and permit to teach
(1)A registration or permit to teach—
(a)is issued for a period prescribed by regulation; and
(b)starts on—
(i)for a registration—the day the registration is issued; and
(ii)for a permit to teach—the day stated in the permit.
(2)A full registration or registration as an early childhood teacher may be renewed annually.
(3)A provisional registration may be renewed in the circumstances, and for the period, the institute is satisfied on reasonable grounds is appropriate.
Examples—circumstances
because of maternity leave, severe illness or other personal reasons a teacher is not able to gain the requisite teaching experience to achieve full registration within the prescribed period
(4)A permit to teach may be renewed for a further period prescribed by regulation.
Division 4.6 Renewal of registration and permits to teach
Notice of renewal for registration or permit to teach
(1)If the institute fails to send a notice of renewal for a registration or permit to teach, or an approved teacher does not receive the notice, the failure or nonreceipt does not affect—
(a)the expiry of the registration or permit to teach; or
(b)the requirements for renewal of the registration or permit to teach.
(2)In this section:
notice of renewal, for a registration or permit to teach, means a notice addressed to an approved teacher stating that the registration or permit to teach will end if the teacher does not renew the registration or permit to teach on or before the date stated in the notice.
Renewal of registration
(1)A registered teacher may apply, in writing, to the institute not later than the day the teacher’s registration ends to renew the registration.
Note 1If a form is approved under s 96 for this provision, the form must be used.
Note 2A fee may be determined under s 95 for this provision.
(2)The institute may, in writing, require the teacher to give the institute additional information or documents that the institute reasonably needs to decide the application.
NoteGiving false or misleading information and producing false or misleading documents are offences against the Criminal Code, s 338 and s 339.
(3)If the teacher does not comply with a requirement under subsection (2), the institute may refuse to consider the application further.
(4)On application to renew a registration, the institute must—
(a)renew the registration; or
(b)refuse to renew the registration.
(5)The institute must renew the registration if satisfied—
(a)for the renewal of––
(i)a full registration—that the teacher meets the requirements mentioned in section 32 (1) (e) to (h) and, in the 5-year period before the application for renewal is made, has taught for the period prescribed by regulation; or
(ii)a provisional registration—that the teacher meets the requirements mentioned in section 33 (1) (a) and (d) to (g); or
(iii)a registration as an early childhood teacher—that the teacher meets the requirements mentioned in section 33A (a), (d) and (e); and
(b)that the teacher is complying with any condition of the registration; and
(c)that the teacher has undertaken any further professional education or development requirements prescribed by regulation; and
(d)that the teacher holds working with vulnerable people registration.
(6)However, the institute may refuse to renew the registration, only if—
(a)the institute has given the teacher written notice of the proposed refusal; and
(b)the notice states––
(i)the reasons for the proposed refusal; and
(ii)that written comments on the proposed refusal may be made to the institute before the end of a stated period of at least 14 days after the day the notice is given to the teacher; and
NoteThe teacher may apply for an extension of the period (see s 55).
(c)the institute has considered any comments made by the teacher before the end of the stated period.
(7)If a teacher applies to renew a registration under this section, the registration remains in force until the application is decided.
(8)A renewed registration is effective from the expiry day of the registration held immediately before renewal.
(9)A teacher who does not apply for renewal of the teacher’s registration under subsection (1) is not entitled to apply for the renewal of the registration but may apply for registration under section 30.
(10)If the institute decides not to renew a teacher’s registration, the institute must as soon as practicable refund the fee, if any, paid by the teacher.
Renewal of registration with conditions
(1)The institute may renew a registration with conditions if the institute is satisfied the conditions are necessary to ensure the teacher meets the eligibility requirements under—
(a)section 32 (Eligibility for full registration); or
(b)section 33 (Eligibility for provisional registration); or
(c)section 33A (Eligibility for early childhood teacher registration).
Examples––additional conditions the institute might impose
· requiring the teacher to complete a course or an additional qualification
· requiring a teacher renewing provisional registration to attain the eligibility requirements necessary to apply for full registration within a stated period
NoteThe institute may also impose, amend or remove a condition under s 56 (Amendment of registration or permit to teach on institute’s initiative) and s 57 (Amendment of registration or permit to teach on application).
(2)However, the institute may impose a condition, only if—
(a)the institute has given the teacher written notice of the proposed condition; and
(b)the notice states––
(i)the reasons for the proposed condition; and
(ii)that written comments on the proposed condition may be made to the institute before the end of a stated period of at least 14 days after the day the notice is given to the teacher; and
NoteThe teacher may apply for an extension of the period (see s 55).
(c)the institute has considered any comments made by the teacher before the end of the stated period.
(3)The institute may make guidelines for imposing conditions on a renewal of registration.
(4)A guideline is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Renewal of permits to teach
(1)A permit-holder may apply, in writing, to the institute not later than the day the permit-holder’s permit to teach ends to renew the permit to teach.
Note 1If a form is approved under s 96 for this provision, the form must be used.
Note 2A fee may be determined under s 95 for this provision.
(2)The institute may, in writing, require the permit-holder to give the institute additional information or documents that the institute reasonably needs to decide the application.
NoteGiving false or misleading information and producing false or misleading documents are offences against the Criminal Code, s 338 and s 339.
(3)If the permit-holder does not comply with a requirement under subsection (2), the institute may refuse to consider the application further.
(4)On application to renew a permit to teach, the institute must—
(a)renew the permit to teach; or
(b)refuse to renew the permit to teach.
(5)The institute must renew the permit to teach if satisfied––
(a)that the permit-holder is eligible for a permit to teach; and
(b)that the permit-holder is complying with any condition of the permit to teach; and
(c)that the permit-holder has undertaken any further professional education or development requirements prescribed by regulation; and
(d)that the permit-holder holds working with vulnerable people registration.
(6)However, the institute may refuse to renew the permit to teach, only if—
(a)the institute has given the permit-holder written notice of the proposed refusal; and
(b)the notice states––
(i)the reasons for the proposed refusal; and
(ii)that written comments on the proposed refusal may be made to the institute before the end of a stated period of at least 14 days after the day the notice is given to the permit-holder; and
NoteThe permit-holder may apply for an extension of the period (see s 55).
(c)the institute has considered any comments made by the permit-holder before the end of the stated period.
(7)If an applicant applies to renew a permit to teach under this section, the permit to teach remains in force until the application is decided.
(8)A permit to teach that is renewed is effective from the expiry day of the permit to teach held immediately before renewal.
(9)A permit-holder who does not apply for renewal of a permit to teach under subsection (1) is not entitled to apply for the renewal of the permit but may apply for a permit to teach under section 30.
(10)If the institute decides not to renew a person’s permit to teach, the institute must as soon as practicable refund the fee, if any, paid by the applicant.
Renewal of permits to teach with conditions
(1)The institute may renew a permit to teach with conditions if the institute is satisfied the conditions are necessary to ensure the permit-holder meets the eligibility requirements under—
(a)section 32 (Eligibility for full registration); or
(b)section 33 (Eligibility for provisional registration); or
(c)section 33A (Eligibility for early childhood teacher registration); or
(d)section 34 (Eligibility for permit to teach); or
(e)section 35 (Additional eligibility requirements for permits to teach).
Examples––conditions the institute might impose
· requiring the permit-holder to complete a course or an additional qualification
· requiring the permit-holder to attain the eligibility requirements necessary to apply for provisional or full registration within a stated period
· restricting the subjects the permit-holder can teach
NoteThe institute may also impose, amend or remove a condition under s 56 (Amendment of registration or permit to teach on institute’s initiative) and s 57 (Amendment of registration or permit to teach on application).
(2)However, the institute may impose a condition, only if—
(a)the institute has given the permit-holder written notice of the proposed condition; and
(b)the notice states––
(i)the reasons for the proposed condition; and
(ii)that written comments on the proposed condition may be made to the institute before the end of a stated period of at least 14 days after the day the notice is given to the teacher; and
NoteThe permit-holder may apply for an extension of the period (see s 55).
(c)the institute has considered any comments made by the permit-holder before the end of the stated period.
(3)The institute may make guidelines for imposing conditions on a renewal of a permit to teach.
(4)A guideline is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Extension of period for decision on renewal of registration or permit to teach or imposition of condition
(1)This section applies if a person seeks an extension of a period mentioned in the following sections to provide written comments:
(a)section 51 (6) (b) (ii) (Renewal of registration);
(b)section 52 (2) (b) (ii) (Renewal of registration with conditions);
(c)section 53 (6) (b) (ii) (Renewal of permits to teach);
(d)section 54 (2) (b) (ii) (Renewal of permits to teach with conditions).
(2)On written application by a person, the institute may extend the period mentioned in the section.
NoteThe institute may extend the period even if it has ended (see Legislation Act, s 151C).
(3)The institute may extend the period only if the institute is satisfied on reasonable grounds that it is appropriate to extend the period given the person’s circumstances.
Examples—when period may be extended
1 a person did not receive the written notice under the relevant section because the person was unexpectedly hospitalised
2 a person needs more than 14 days to obtain information or documents to support the person’s written comments because the information or documents are from interstate or a foreign country
(4)The institute must tell the person in writing of the decision under subsection (2) and—
(a)if the institute extends the period—the extended period; or
(b)if the institute refuses to extend the period—the reasons for the refusal.
NoteThe institute must also give the person a reviewable decision notice in relation to a decision to—
(a)extend the period for less than period applied for; or
(b)refuse to extend the period (see s 89).
Division 4.7 Amendment and end of registration and permits to teach
Amendment of registration or permit to teach on institute’s initiative
(1)The institute may, at any time on the institute’s own initiative, amend an approved teacher’s registration or permit to teach, including by imposing, amending or removing a condition, other than a condition mentioned in section 38 (1) (Conditions of registration and permits to teach).
(2)However, the institute may amend a registration or permit to teach only if—
(a)the institute has given the teacher written notice of the proposed amendment; and
(b)the notice states––
(i)the reasons for the proposed amendment; and
(ii)that written comments on the proposal may be made to the institute before the end of a stated period of at least 14 days after the day the notice is given to the teacher; and
(c)the institute has considered any comments made before the end of the stated period.
(3)On written application by the teacher, the institute may extend the period mentioned in subsection (2) (b) (ii).
NoteThe institute may extend the period even if it has ended (see Legislation Act, s 151C).
(4)The institute may extend the period only if the institute is satisfied on reasonable grounds that it is appropriate to extend the period given the teacher’s circumstances.
Examples—when period may be extended
1 a teacher did not receive the written notice under the relevant section because the teacher was unexpectedly hospitalised
2 a teacher needs more than 14 days to obtain information or documents to support the teacher’s written comments because the information or documents are from interstate or a foreign country
(5)The institute must tell the teacher in writing of a decision under subsection (3) and—
(a)if the institute extends the period—the extended period; or
(b)if the institute refuses to extend the period—the reasons for the refusal.
NoteThe institute must also give the teacher a reviewable decision notice in relation to a decision to—
(a)extend the period for less than period applied for; or
(b)refuse to extend the period (see s 89).
(6)The institute may make guidelines for amending a registration or permit to teach.
(7)A guideline is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Amendment of registration or permit to teach on application
(1)An approved teacher may apply to the institute to amend the teacher’s registration or permit to teach, including by amending or removing a condition, other than a condition mentioned in section 38 (1)).
Note 1If a form is approved under s 96 for an application, the form must be used.
Note 2A fee may be determined under s 95 for this provision.
(2)The institute may, in writing, require the applicant to give the institute additional information or documents that the institute reasonably needs to decide the application.
NoteGiving false or misleading information and producing false or misleading documents are offences against the Criminal Code, s 338 and s 339.
(3)If the applicant does not comply with a requirement under subsection (2), the institute may refuse to consider the application further.
(4)On application by an approved teacher to amend a registration or permit to teach the institute must—
(a)amend the registration or permit to teach in the way applied for; or
(b)refuse to amend the registration or permit to teach.
(5)In deciding whether to amend the registration or permit to teach, the institute may consider anything the institute may consider in relation to an application for a registration or permit to teach.
End of registration or permit to teach
A person’s registration or permit to teach ends—
(a)if the registration or permit to teach is not renewed––on the day the registration or permit to teach ends; or
(b)if the registration or permit to teach is cancelled––on the day the cancellation takes effect; or
NoteA registration or permit to teach may be cancelled under the following sections:
·s 65 (1) (Suspending or cancelling registration or permit to teach)
·s 68 (Voluntary cancellation of registration or permit to teach)
·s 69 (Inquiries about registered addresses).
(c)if the person dies.
Part 5Codes of practice
Codes of practice
(1)The Minister may approve a code of practice (an approved code of practice) to provide guidance about appropriate professional conduct or practice for the teaching profession.
NotePower given under an Act to make a statutory instrument (including a code of practice) includes power to amend or repeal the instrument (see Legislation Act, s 46 (1)).
(2)Before approving a proposed code of practice, the Minister must consult the institute.
(3)An approved code of practice may consist of a code, standard, rule, specification or provision relating to the practice of teaching and may apply, adopt or incorporate a law or instrument, or a provision of a law or instrument, as in force from time to time.
NoteA statutory instrument may also apply, adopt or incorporate (with or without change) a law or instrument (or a provision of a law or instrument) as in force at a particular time (see Legislation Act, s 47 (1)).
(4)An approved code of practice is a disallowable instrument.
Note 1A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Note 2An amendment or repeal of an approved code of practice is also a disallowable instrument (see Legislation Act, s 46 (2)).
Notice of code approvals
(1)The institute must give public notice of each approval of a code under section 59 (1) that—
(a)states the date when the approval takes effect; and
(b)states the place where copies of the code to which the approval relates may be purchased; and
(c)contains a statement to the effect that an up-to-date copy of each approved code, and any document the provisions of which are applied, adopted or incorporated in an approved code, may be inspected by members of the public during normal business hours at the office of an administrative unit administered by the director‑general and an office operated by the institute.
NotePublic notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1).
(2)The director‑general must, at all times, ensure that an up-to-date copy of each approved code of practice, and any document the provisions of which are applied, adopted or incorporated in an approved code are available for inspection by members of the public during normal business hours at the office of an administrative unit administered by the director‑general and an office operated by the institute.
Approved code of practice may be considered
In deciding whether a person has met an appropriate standard of professional conduct or practice under this Act, the institute may consider whether a person has complied with any approved code of practice in relation to the conduct or practice.
Relationship of Act with approved codes of practice
(1)An approved code of practice has no effect to the extent that it is inconsistent with this Act.
(2)However, an approved code of practice is taken to be consistent with this Act to the extent that it can operate concurrently with this Act.
Note 1For the approval of codes of practice, see s 59.
Note 2A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
Part 6Regulatory action
Division 6.1 Suspension or cancellation of registration or permits to teach
Grounds for suspending or cancelling registration or permits to teach
(1)The institute may suspend or cancel a person’s registration or permit to teach if––
(a)the person––
(i)contravenes a condition of the person’s registration or permit to teach; or
(ii)has become mentally or physically incapacitated and the incapacity prevents the person from performing an inherent requirement of their job as a teacher; and
(b)the institute believes on reasonable grounds that suspension or cancellation is necessary for this Act.
NoteThe institute’s decision to suspend or cancel a person’s registration or permit to teach is reviewable (see s 88).
(2)Also, the institute may suspend a person’s registration or permit to teach if the institute is satisfied on reasonable grounds that an unacceptable risk of harm to a child would exist if the person’s registration or permit to teach were not suspended.
(3)The institute may, at any time, consider whether there is a ground for suspending or cancelling a person’s registration or permit to teach under subsection (1).
Notice of proposed suspension or cancellation of registration or permits to teach
(1)The institute must give written notice to a person of an intention to suspend or cancel the person’s registration or permit to teach.
(2)However, the institute need not give the notice to the person if the institute intends to suspend the person’s registration or permit to teach under section 63 (2).
(3)The notice must—
(a)set out the ground for suspension or cancellation; and
(b)state that the person may, within 14 days after the day the institute gives the person the notice, give reasons why the person considers that the registration or permit to teach should not be suspended or cancelled.
NoteFor how documents may be served, see the Legislation Act, pt 19.5.
(4)On written application by the person, the institute may extend the period mentioned in subsection (3) (b).
NoteThe institute may extend the period even if it has ended (see Legislation Act, s 151C).
(5)The institute may extend the period only if the institute is satisfied on reasonable grounds that it is appropriate to extend the period given the person’s circumstances.
(6)The institute must tell the person in writing of a decision under subsection (4) and—
(a)if the institute extends the period—the extended period; or
(b)if the institute refuses to extend the period—the reasons for the refusal.
NoteThe institute must also give the person a reviewable decision notice in relation to a decision to—
(a)extend the period for less than period applied for; or
(b)refuse to extend the period (see s 89).
Suspending or cancelling registration or permit to teach
(1)The institute may suspend or cancel a person’s registration or permit to teach if the institute—
(a)if notice is required to be given under section 64—has given written notice to the person of an intention to suspend or cancel the registration or permit to teach; and
(b)has considered any reasons given by the person in accordance with the notice; and
(c)is satisfied that the ground for suspension or cancellation under section 63 exists.
NoteThe institute’s decision to suspend or cancel a person’s registration or permit to teach is reviewable (see s 88).
(2)If the institute decides to suspend or cancel a person’s registration or permit to teach, the institute must—
(a)tell the person in writing—
(i)that the person’s registration or permit to teach is suspended or cancelled; and
(ii)the ground for suspension or cancellation; and
(iii)if the registration or permit to teach is suspended––the period of suspension; and
NoteThe institute must also give the person a reviewable decision notice in relation to the decision to suspend or cancel the person’s registration or permit to teach (see s 89).
(b)tell the person’s employer (if any) in writing that the person’s registration or permit to teach is suspended or cancelled.
(3)For subsection (2) (b), the institute must not tell the person’s employer the ground for suspension or cancellation.
(4)The suspension or cancellation takes effect—
(a)on the day after the day the institute tells the person in writing that the person’s registration or permit to teach is suspended or cancelled; or
(b)if a later date is stated in the notice of suspension or cancellation—the later date.
Giving corresponding registering authorities information about suspension or cancellation action
(1)This section applies if the institute suspends or cancels a person’s registration or permit to teach.
(2)The institute must give each corresponding registering authority the following information in relation to the person:
(a)the name and any other identifying details of the person;
(b)a short description of the ground for suspension or cancellation;
(c)if the registration or permit to teach is suspended—the period of suspension;
(d)when the suspension or cancellation takes effect.
(3)This section does not limit any other requirement or power, under this Act or another law in force in the ACT, to give information to a corresponding registering authority.
Employer’s obligation to notify institute about teacher
The employer of an approved teacher must tell the institute, in writing, if the employer has reasonable grounds for believing any of the following has happened:
(a)the teacher has become mentally or physically incapacitated and the incapacity prevents the person from performing an inherent requirement of their job as a teacher;
(b)the teacher is given a negative notice under the Working with Vulnerable People (Background Checking) Act 2011, section 40;
(c)the teacher’s working with vulnerable people registration—
(i)is made subject to a condition or interim condition; or
(ii)is suspended; or
(iii)has ended.
Division 6.2 Other regulatory action
Voluntary cancellation of registration or permit to teach
The institute must cancel an approved teacher’s registration or permit to teach if—
(a)the teacher asks, in writing, for the cancellation; and
(b)the institute has no ground for believing that the teacher has contravened, or is contravening, this Act.
Inquiries about registered addresses
(1)The institute may, by written notice, ask a person—
(a)if the person’s address in the teachers register is correct; and
(b)for a person without a registered teaching address—if the person has a school address.
(2)A notice under subsection (1) must state the consequences under subsection (3) of failing to respond to the notice.
(3)If the institute does not receive an answer to a notice sent to a person under subsection (1) within 2 months after the day the notice is sent to the person, the institute may cancel the person’s registration or permit to teach.
Division 6.3 Disclosure of information
70ADisclosure of information to institute
(1)The institute may, by written notice, ask the employer of an approved teacher for any information that the institute believes on reasonable grounds is relevant to—
(a)considering, under this part, whether there is a ground for suspending or cancelling an approved teacher’s registration or permit to teach; or
(b)imposing a condition on an approved teacher’s registration or permit to teach under section 38 (Conditions of registration and permit to teach).
(2)The employer of an approved teacher must give the institute any information in relation to an approved teacher that is requested under subsection (1).
70BEmployer to tell institute about notification event
(1)The employer of an approved teacher commits an offence if—
(a)a notification event happens in relation to the approved teacher; and
(b)the employer does not, on the day of the notification event or within 5 working days after the event, give written notice of the event to the institute.
Maximum penalty: 50 penalty units.
(2)An offence against this section is a strict liability offence.
(3)In this section:
disciplinary action means any of the following actions by the employer of an approved teacher:
(a)terminating the employment of the approved teacher;
(b)if there is a formal investigation of, or a full admission by, the approved teacher—
(i)giving a written warning to the approved teacher; or
(ii)imposing a financial penalty on the approved teacher; or
(iii)lowering the classification level of the approved teacher; or
(iv)transferring the approved teacher to another position at their current classification level or a lower level (either permanently or temporarily); or
(v)removing an employment-related monetary benefit from the approved teacher.
formal investigation, by an employer—
(a)includes an investigation of a matter—
(i)under an internal or external procedure of the employer; or
(ii)by an independent or external body engaged by the employer for the investigation; but
(b)does not include a preliminary factual inquiry by the employer about a matter.
notification event means any of the following:
(a)the employer of an approved teacher tells the teacher that the employer has decided to begin a formal investigation of the teacher;
(b)the employer of an approved teacher takes disciplinary action against the teacher under the terms of the teacher’s employment;
(c)the employer of an approved teacher removes, cancels or ends the access of the teacher to casual employment;
(d)an approved teacher, who is the subject of a formal investigation or preliminary factual inquiry by the employer, resigns.
preliminary factual inquiry, by an employer, means an investigation of a matter by the employer to assess whether to conduct a formal investigation of the matter.
Schedule 1Reviewable decisions
(see pt 8)
| column 1 item | column 2 section | column 3 decision | column 4 entity |
| 1 | 31 (3) | refuse to grant extension of time | person applying for registration or permit to teach |
| 2 | 36 (1) (d) | refuse to register person or issue permit to teach | person applying for registration or permit to teach |
| 3 | 36 (2) | provisionally register applicant who applied for full registration | person applying for full registration |
| 4 | 36 (3) | fully or provisionally register applicant who applied for early childhood teacher registration | person applying for early childhood teacher registration |
| 5 | 36 (4) | register as an early childhood teacher applicant who applied for full or provisional registration | person applying for full or provisional registration |
| 6 | 36 (5) | issue permit to teach to applicant who applied for registration | person applying for registration |
| 7 | 37 (1) | extend period for less than period applied for | person applying for extension |
| 8 | 37 (1) | refuse to extend period | person applying for extension |
| 9 | 38 (4) | register or issue permit to teach with additional condition | approved teacher |
| 10 | 39 (1) | extend period for less than period applied for | approved teacher |
| 11 | 39 (1) | refuse to extend period | approved teacher |
| 12 | 46 (4) | refusing to amend teachers register | teacher |
| 13 | 51 (4) | refuse to renew full registration | person applying for renewal of full registration |
| 14 | 51 (4) | refuse to renew provisional registration | person applying for renewal of provisional registration |
| 15 | 52 (1) | renew registration with condition | person applying for renewal of registration |
| 16 | 53 (4) | refuse to renew permit to teach for further period prescribed in accordance with s 47 (4) | person applying for renewal of permit to teach |
| 17 | 54 (1) | renew permit to teach with condition | person applying for renewal of permit to teach |
| 18 | 55 (2) | extend period for less than period applied for | person applying for extension |
| 19 | 55 (2) | refuse to extend period | person applying for extension |
| 20 | 56 (1) | amend registration or permit to teach on institute’s own initiative | approved teacher |
| 21 | 56 (3) | extend period for less than period applied for | approved teacher |
| 22 | 56 (3) | refuse to extend period | approved teacher |
| 23 | 57 (4) (b) | refuse to amend registration or permit to teach on application | approved teacher |
| 24 | 64 (3) | extend period for less than period applied for | person whose registration or permit to teach is intended to be suspended or cancelled |
| 25 | 64 (3) | refuse to extend period | person whose registration or permit to teach is intended to be suspended or cancelled |
| 26 | 65 (1) | suspend or cancel registration or permit to teach | person whose registration or permit to teach is suspended or cancelled |
| 27 | 68 | refuse to cancel teacher’s registration or permit to teach | approved teacher |
| 28 | 69 (3) | cancel person’s registration or permit to teach | person whose registration or permit to teach is cancelled |
| 29 | 74 (1) (b) | refuse to accredit education program | education provider |
| 30 | 74 (4) | accredit education program on condition | education provider |
| 31 | 74 (7) | extend period for less than period applied for | education provider |
| 32 | 74 (7) | refuse to extend period | education provider |
| 33 | 78 | accredit program for less than 5 years | education provider |
| 34 | 79 (4) (b) | refuse to renew accreditation | education provider |
| 35 | 79 (6) | renew accreditation on condition | education provider |
| 36 | 80 (2) (a) | impose a condition in relation to accreditation after review | education provider |
| 37 | 80 (4) | extend period for less than period applied for | education provider |
| 38 | 80 (4) | refuse to extend period | education provider |
| 39 | 82 (3) | extend period for less than period applied for | education provider |
| 40 | 82 (3) | refuse to extend period | education provider |
| 41 | 83 (1) | suspend or cancel accreditation | education provider |
| 42 | 85 (2) | refuse to approve provision of education program under agreement | education provider |
| 43 | 85 (2) | approve provision of education program under agreement for period less than 2 years | education provider |
Dictionary
(see s 3)
Note 1The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:
· ACAT
· ACT
· Australia
· Australian citizen
· change
· contravene
· Criminal Code
· director‑general (see s 163)
· disallowable instrument (see s 9)
· document
· entity
· function
· home address
· Legislation Act
· Minister (see s 162)
· notifiable instrument (see s 10)
· penalty unit (see s 133)
· person (see s 160)
· public servant
· reviewable decision notice
· territory law
· the Territory
· writing.
Aboriginal or Torres Strait Islander person means a person who—
(a)is a descendant of an Aboriginal person or a Torres Strait Islander person; and
(b)identifies as an Aboriginal person or a Torres Strait Islander person; and
(c)is accepted as an Aboriginal person or a Torres Strait Islander person by an Aboriginal community or Torres Strait Islander community.
accreditation includes renewed accreditation.
accreditation guidelines––see section 75.
accredited, in relation to an education program, means accredited under division 7.2.
approved code of practice––see section 59.
approved data linkage agency means an entity approved by the Minister under section 94A.
approved teacher––see section 9.
chief executive officer means the chief executive officer of the institute.
committee means a committee established by the institute board under section 19.
corresponding jurisdiction means the Commonwealth, a State or New Zealand.
NoteState includes the Northern Territory (see Legislation Act, dict, pt 1, def State).
corresponding law means any law of a corresponding jurisdiction that regulates teachers in the jurisdiction.
corresponding registering authority means the entity responsible for regulating the teaching profession under a corresponding law.
early childhood teacher means a person registered as an early childhood teacher under this Act.
education program means—
(a)a pre-service teacher education program; or
(b)a program of learning suitable for the professional learning and development of teachers.
education programs register––see section 71.
education provider means a person who provides, or offers to provide, an education program.
full registration means full registration under part 4.
government school means a school, preschool or school-related institution established under the Education Act 2004, section 20.
institute means the ACT Teacher Quality Institute established under section 10.
institute board––see section 14.
non-government school––see the Education Act 2004, dictionary.
permit-holder means a person who holds a permit to teach.
permit to teach means a permit to teach under part 4.
planning or research purpose—see section 11 (1) (d).
pre-service teacher means a person enrolled in an accredited pre‑service teacher education program.
pre-service teacher education program means a program of learning that prepares pre-service teachers for employment as early childhood, primary school or secondary school teachers.
pre-service teachers register—see section 70H.
professional experience—see section 70E.
provisional registration means provisional registration under part 4.
registered means registered under this Act.
registered teacher means a person who—
(a)holds full or provisional registration; or
(b)is an early childhood teacher.
registered teaching address—see section 43 (1) (b).
registration means—
(a)full or provisional registration; or
(b)registration as an early childhood teacher.
registration as an early childhood teacher means registration as an early childhood teacher under part 4.
reviewable decision, for part 8 (Notification and review of decisions)––see section 88.
school means a government school or non-government school.
school-related institution––see the Education Act 2004, section 20 (Establishing government schools etc).
teacher––see section 7.
teachers register––see section 42.
teaching––see section 8.
working with vulnerable people registration means registration that allows a person to work with children under—
(a)the Working with Vulnerable People (Background Checking) Act 2011; or
(b)for a pre-service teacher—
(i)the Working with Vulnerable People (Background Checking) Act 2011; or
(ii)a law of another jurisdiction that corresponds or substantially corresponds to the Working with Vulnerable People (Background Checking) Act 2011.
Endnotes
About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
Abbreviation key
A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired
Legislation history
ACT Teacher Quality Institute Act 2010 A2010‑55
notified LR 20 December 2010
s 1, s 2 commenced 20 December 2010 (LA s 75 (1))
remainder commenced 1 January 2011 (s 2 and CN2010-18)as amended by
Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.3
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))sch 1 pt 1.3 commenced 1 July 2011 (s 2 (1))
as modified by
ACT Teacher Quality Institute Regulation 2010 SL2010-53 (as am by SL2011‑24)
notified LR 23 December 2010
s 1, s 2 commenced 23 December 2010 (LA s 75 (1))
remainder commenced 1 January 2011 (s 2 and see ACT Teacher Quality Institute Act 2010 A2010‑55, s 2 and CN2010-18)ACT Teacher Quality Institute Amendment Regulation 2011 (No 1) SL2011-24
notified LR 5 August 2011
s 1, s 2 commenced 5 August 2011 (LA s 75 (1))
remainder commenced 6 August 2011 (s 2)NoteThis regulation only amends the ACT Teacher Quality Institute Regulation 2010 SL2010-53.
as amended by
ACT Teacher Quality Institute Amendment Act 2011 A2011-34
notified LR 5 September 2011
s 1, s 2 commenced 5 September 2011 (LA s 75 (1))remainder commenced 4 October 2011 (s 2 and CN2011-10)
Working with Vulnerable People (Consequential Amendments) Act 2011 A2011-45 sch 1 pt 1.1
notified LR 8 November 2011
s 1, s 2 commenced 8 November 2011 (LA s 75 (1))sch 1 pt 1.1 commenced 8 November 2012 (s 2 and see Working with Vulnerable People (Background Checking) Act 2011 A2011-44 s 2 (2))
Statute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.2
notified LR 28 November 2011
s 1, s 2 commenced 28 November 2011 (LA s 75 (1))sch 3 pt 3.2 commenced 12 December 2011 (s 2)
Statute Law Amendment Act 2012 A2012-21 sch 3 pt 3.1
notified LR 22 May 2012
s 1, s 2 commenced 22 May 2012 (LA s 75 (1))sch 3 pt 3.1 commenced 5 June 2012 (s 2 (1))
Justice and Community Safety Legislation Amendment Act 2014 (No 2) A2014‑49 sch 1 pt 1.1
notified LR 10 November 2014
s 1, s 2 commenced 10 November 2014 (LA s 75 (1))sch 1 pt 1.1 commenced 17 November 2014 (s 2)
Annual Reports (Government Agencies) Amendment Act 2015 A2015‑16 sch 1 pt 1.2
notified LR 27 May 2015
s 1, s 2 commenced 27 May 2015 (LA s 75 (1))sch 1 pt 1.2 commenced 3 June 2015 (s 2)
Red Tape Reduction Legislation Amendment Act 2015 A2015-33 sch 1 pt 1.2
notified LR 30 September 2015
s 1, s 2 commenced 30 September 2015 (LA s 75 (1))
sch 1 pt 1.2 commenced 14 October 2015 (s 2)Red Tape Reduction Legislation Amendment Act 2016 A2016‑18 sch 3 pt 3.1
notified LR 13 April 2016
s 1, s 2 commenced 13 April 2016 (LA s 75 (1))sch 3 pt 3.1 commenced 27 April 2016 (s 2)
Public Sector Management Amendment Act 2016 A2016-52 sch 1 pt 1.3
notified LR 25 August 2016
s 1, s 2 commenced 25 August 2016 (LA s 75 (1))
sch 1 pt 1.3 commenced 1 September 2016 (s 2)Statute Law Amendment Act 2017 A2017-4 sch 3 pt 3.2
notified LR 23 February 2017
s 1, s 2 commenced 23 February 2017 (LA s 75 (1))
sch 3 pt 3.2 commenced 9 March 2017 (s 2)Education (Child Safety in Schools) Legislation Amendment Act 2019 A2019-4 pt 2
notified LR 4 March 2019
s 1, s 2 commenced 4 March 2019 (LA s 75 (1))
pt 2 commenced 1 April 2019 (s 2 (1))ACT Teacher Quality Institute Amendment Act 2019 A2019-26 pt 2
notified LR 28 August 2019
s 1, s 2 commenced 28 August 2019 (LA s 75 (1))
s 15 (so far as it inserts s 70F) commenced 1 January 2020 (s 2 (2))
pt 2 remainder commenced 29 August 2019 (s 2 (1))COVID-19 Emergency Response Legislation Amendment Act 2020 A2020-14 amdt 1.142
notified LR 13 May 2020
s 1, s 2 taken to have commenced 30 March 2020 (LA s 75 (2))
amdt 1.142 commenced 14 May 2020 (s 2 (1))NoteThis Act only amends the Working with Vulnerable People (Background Checking) Amendment Act 2020 A2020-29.
Working with Vulnerable People (Background Checking) Amendment Act 2020 A2020-29 sch 1 pt 1.1
notified LR 9 July 2020
s 1, s 2 commenced 9 July 2020 (LA s 75 (1))
sch 1 pt 1.1 commenced 1 February 2021 (s 2 (a) and see Working with Vulnerable People (Background Checking) Amendment Act 2019 A2019-13 s 2 (as am by A2020-14 amdt 1.142) and CN2021-1)Education Amendment Act 2022 A2022-10 sch 1 pt 1.1
notified LR 17 June 2022
s 1, s 2 commenced 17 June 2022 (LA s 75 (1))
sch 1 pt 1.1 commenced 20 December 2022 (s 2)Statute Law Amendment Act 2022 A2022-14 sch 3 pt 3.1
notified LR 10 August 2022
s 1, s 2 commenced 10 August 2022 (LA s 75 (1))
sch 3 pt 3.1 commenced 24 August 2022 (s 2)ACT Teacher Quality Institute Amendment Act 2023 A2023-38 pt 2
notified LR 29 September 2023
s 1, s 2 commenced 29 September 2023 (LA s 75 (1))
pt 2 commenced 30 September 2023 (s 2)Education (Early Childhood) Legislation Amendment Act 2023 A2023‑54 pt 2
notified LR 11 December 2023
s 1, s 2 commenced 11 December 2023 (LA s 75 (1))
ss 5-7, s 13, s 14, ss 16-19, s 24, ss 28-30, s 32, s 34, s 35, s 37, s 38, s 41, s 42, ss 44-53, s 55, s 56, s 58, s 59, s 61, s 63, s 65, s 68 commenced 1 January 2024 (s 2 (1))
pt 2 remainder commenced 1 April 2024 (s 2 (3))Amendment history
Commencement
s 2om LA s 89 (4)
Meaning of teaching
s 8sub A2023-54 s 4
Functions of institute
s 11am A2019‑26 s 4; pars renum R17 LA; A2023-54 s 5, s 6
Delegation by institute
s 13am A2011‑22 amdt 1.12
Institute board members
s 15am A2011‑22 amdt 1.13; A2023-54 s 7, s 8; pars renum R25 LA
Institute staff
s 23am A2011‑22 amdt 1.14
sub A2016‑52 amdt 1.7
Institute’s annual report
s 26om A2015‑16 amdt 1.2
Application––pt 4
s 27am A2022-10 amdt 1.1
Definitions—pt 4
div 4.1A hdg ins A2011‑45 amdt 1.1
exp 8 November 2013 (s 27B)
Definitions—pt 4
s 27Ains A2011‑45 amdt 1.1
exp 8 November 2013 (s 27B)
def criminal history guidelines ins A2011‑45 amdt 1.1
exp 8 November 2013 (s 27B)
def criminal history record ins A2011‑45 amdt 1.1
exp 8 November 2013 (s 27B)
def police certificate ins A2011‑45 amdt 1.1
exp 8 November 2013 (s 27B)
Expiry—div 4.1A
s 27Bins A2011‑45 amdt 1.1
exp 8 November 2013 (s 27B)
Applications for registration and permits to teach
div 4.3 hdg note om A2022‑14 amdt 3.1
Application for registration or permit to teach
s 30am A2023-54 s 9, s 10; pars renum R25 LA
Eligibility for full registration
s 32am A2011‑34 s 4, s 5; A2011‑45 amdts 1.2-1.5; ss, pars renum R7 LA
(2)-(4) exp 8 November 2013 (s 32 (4))
ss renum R8 LA
am A2019‑26 s 5; A2020‑29 amdt 1.1; A2022‑14 amdt 3.2; A2023-54 ss 11-13
Eligibility for provisional registration
s 33am A2011‑34 s 6, s 7; A2011‑45 amdts 1.6-1.9; ss, pars renum R7 LA
(2)-(4) exp 8 November 2013 (s 33 (4))
ss renum R8 LA
am A2019‑26 s 6; A2020‑29 amdt 1.2; A2022‑14 amdt 3.2; A2023‑38 s 4; A2023-54 s 14
Eligibility for early childhood teacher registration
s 33Ains A2023-54 s 15
Eligibility for permit to teach
s 34am A2011‑34 s 8; A2019‑26 s 7
Additional eligibility requirements for permits to teach
s 35am A2011‑34 ss 9-12; A2011‑45 amdts 1.10-1.13; ss, pars renum R7 LA
(2)-(4) exp 8 November 2013 (s 35 (4))
ss renum R8 LA
am A2020‑29 amdt 1.3; A2022‑14 amdt 3.2; A2023-54 ss 16‑18
Criminal history guidelines
s 35Ains A2011‑34 s 13
am A2011‑45 amdt 1.14
exp 8 November 2013 (s 35A (3))
Criminal history guidelines––assessment criteria
s 35Bins A2011‑34 s 13
am A2011‑45 amdt 1.15
exp 8 November 2013 (s 35B (3))
Decision on registration or permit to teach application
s 36am A2023-54 ss 19-24; ss, pars renum R25 LA
Conditions of registration and permit to teach
s 38am A2019-4 s 4; A2020‑29 amdt 1.4, amdt 1.5; A2023-54 ss 25-27; ss renum R25 LA
Institute to give notice of registration or permit to teach
s 40sub A2023-54 s 28
Lost, stolen or damaged certificates and cards
s 41am A2012‑21 amdt 3.1; A2016‑18 amdt 3.1, amdt 3.2; A2023‑54 s 29
exp 1 January 2025 (s 41 (6))
Keeping teachers register
s 42am A2014‑49 amdt 1.1; A2019‑26 s 8; ss renum R17 LA
Details to be entered in teachers register
s 43am A2019‑26 ss 9-11; A2023-54 ss 30-32
Sharing teachers register information—status of registration or permit
s 43Ains A2019‑26 s 12
am A2023-54 s 33
Sharing teachers register information—corresponding registering authority
s 44 hdgsub A2019‑26 s 13
Sharing teachers register information—approved data linkage agency
s 44Ains A2019‑26 s 14
Sharing teachers register information—other entities
s 44Bins A2019‑26 s 14
Changes to teachers register
s 45am A2023-54 s 34, s 35
Term of registration and permit to teach
s 47sub A2023‑38 s 5
am A2023-54 s 36
Term of provisional registration
s 48om A2023‑38 s 5
Term of permit to teach
s 49om A2023‑38 s 5
Notice of renewal for registration or permit to teach
s 50am A2023-54 s 37
Renewal of registration
s 51am A2011‑34 s 14; A2011‑45 amdt 1.16, amdt 1.17; ss renum R7 LA
(6), (7) exp 8 November 2013 (s 51 (7))
ss renum R8 LA
am A2020‑29 amdt 1.6; A2023‑38 s 6; A2023-54 s 38, s 39
Renewal of registration with conditions
s 52am A2023-54 s 40
Renewal of permits to teach
s 53am A2011‑34 s 15; A2011‑45 amdt 1.18, amdt 1.19; ss renum R7 LA
(6), (7) exp 8 November 2013 (s 53 (7))
ss renum R8 LA
am A2020‑29 amdt 1.7; A2023-54 s 41
Renewal of permits to teach with conditions
s 54am A2023-54 s 43
End of registration or permit to teach
s 58am A2022‑14 amdt 3.2; A2023-54 s 42
Notice of code approvals
s 60am A2011‑22 amdt 1.15; A2015‑33 amdt 1.2, amdt 1.3; A2016‑52 amdt 1.8
Relationship of Act with approved codes of practice
s 62am A2023-54 s 44
Grounds for suspending or cancelling registration or permits to teach
s 63am A2019-4 s 5; A2023-54 s 45; ss renum R24 LA
Notice of proposed suspension or cancellation of registration or permits to teach
s 64am A2023-54 s 46; ss renum R24 LA
Suspending or cancelling registration or permit to teach
s 65am A2023-54 s 47, s 48
Employer’s obligation to notify institute about teacher
s 67sub A2019-4 s 6
am A2020‑29 amdt 1.8
Voluntary cancellation of registration or permit to teach
s 68am A2012‑21 amdt 3.2; A2016‑18 amdt 3.3, amdt 3.4
sub A2023-54 s 49
(2)-(4) exp 1 January 2025 (s 68 (3))
Inquiries about registered addresses
s 69am A2023-54 s 50
Return of registration or permit certificates and cards on amendment, suspension or cancellation
s 70am A2023-54 s 51, s 52
exp 1 January 2025 (s 70 (7))
Disclosure of information
div 6.3 hdgins A2019-4 s 7
Disclosure of information to institute
s 70Ains A2019-4 s 7
Employer to tell institute about notification event
s 70Bins A2019-4 s 7
Institute may request further information
s 70Cins A2019-4 s 7
Institute to give relevant information to prevent child harm
s 70CAins A2023-54 s 53
Protection of information disclosed under this division
s 70Dins A2019-4 s 7
Professional experience
pt 6A hdgins A2019‑26 s 15
Preliminary
div 6A.1 hdg ins A2019‑26 s 15
Meaning of professional experience
s 70Eins A2019‑26 s 15
Approval for professional experience
div 6A.2 hdg ins A2019‑26 s 15
Approval required for professional experience
s 70Fins A2019‑26 s 15
Professional experience approval
s 70Gins A2019‑26 s 15
am A2020‑29 amdt 1.9
Pre-service teachers register
div 6A.3 hdg ins A2019‑26 s 15
Register of pre-service-teachers
s 70Hins A2019‑26 s 15
Details to be entered on pre-service teachers register
s 70Iins A2019‑26 s 15
Sharing pre-service teachers register information—principals and universities
s 70Jins A2019‑26 s 15
Sharing pre-service teacher information—approved data linkage agency
s 70Kins A2019‑26 s 15
Sharing pre-service teachers register information—other entities
s 70Lins A2019‑26 s 15
Changes to pre-service teachers register
s 70Mins A2019‑26 s 15
am A2020‑29 amdt 1.10, amdt 1.11
Pre-service teacher may correct pre-service teachers register
s 70Nins A2019‑26 s 15
Criteria for accreditation of education programs
s 76am A2019‑26 s 16; A2023-54 s 54
Approved data linkage agency
s 94Ains A2019‑26 s 17
Determination of standards
s 97am A2023-54 s 55
Regulation-making power
s 98am A2012‑21 amdt 3.3
Legislation amended––sch 2
s 99om LA s 89 (3)
Transitional
pt 15 hdgexp 1 January 2014 (s 154)
Definitions—pt 15
s 150exp 1 January 2014 (s 154)
def commencement day exp 1 January 2014 (s 154)
Teachers currently teaching
s 151am A2011‑34 s 16
exp 1 January 2014 (s 154)
Teachers permitted to teach
s 151Ains A2011‑34 s 17
exp 1 January 2014 (s 154)
Teachers beginning teaching
s 151Bins as mod SL2010‑53 s 23 (as ins by SL2011‑24 s 4)
exp 1 January 2014 (s 151B (4))
Education providers currently providing education programs
s 152exp 1 January 2014 (s 154)
Transitional regulations
s 153exp 1 January 2014 (s 154)
Expiry—pt 15
s 154exp 1 January 2014 (s 154)
Transitional—ACT Teacher Quality Institute Amendment Act 2019
pt 16 hdgins A2019‑26 s 18
exp 29 August 2024 (s 157)
Meaning of commencement day—pt 16
s 155ins A2019‑26 s 18
exp 29 August 2024 (s 157)
Renewal of registration—teachers registered before commencement day
s 156ins A2019‑26 s 18
exp 29 August 2024 (s 157)
Expiry—pt 16
s 157ins A2019‑26 s 18
exp 29 August 2024 (s 157)
Validation of registrations
pt 17 hdgins A2023‑38 s 9
exp 30 September 2023 (s 162)
Definitions—pt 17
s 158ins A2023‑38 s 9
exp 30 September 2023 (s 162)
def commencement day ins A2023‑38 s 9
exp 30 September 2023 (s 162)
def old law ins A2023‑38 s 9
exp 30 September 2023 (s 162)
Provisional and full registrations—validation of issue and renewal
s 159ins A2023‑38 s 9
exp 30 September 2023 (s 162)
Expiry—pt 17
s 162ins A2023‑38 s 9
exp 30 September 2023 (s 162)
Reviewable decisions
sch 1am A2023‑38 s 7, s 8; A2023-54 ss 56, 58, 59; items renum R24 LA; A2023-54 ss 57; items renum R25 LA
Consequential amendments
sch 2om LA s 89 (3)
Dictionary
dictam A2011‑22 amdt 1.16, amdt 1.17; A2011‑52 amdt 3.5; A2012‑21 amdt 3.4; A2016‑52 amdt 1.9; A2017‑4 amdt 3.2
def Aboriginal or Torres Strait Islander person ins A2019‑26 s 19
def accredited ins A2019‑26 s 19
def accredited education program om A2019‑26 s 20
def approved data linkage agency ins A2019‑26 s 21
def criminal history guidelines ins A2011‑34 s 18
om A2011‑45 amdt 1.20
def criminal history record om A2011‑45 amdt 1.20
def CrimTrac om A2011‑52 amdt 3.6
def early childhood teacher ins A2023-54 s 60
def education program sub A2019‑26 s 22
def government school am A2019‑26 s 23
def institute sub A2017‑4 amdt 3.3
def permit card om A2023-54 s 61
def permit certificate om A2023-54 s 61
def planning or research purpose ins A2019‑26 s 24
def police certificate am A2011‑34 s 19
om A2011‑45 amdt 1.20
def pre-service teacher sub A2019‑26 s 25
def pre-service teacher education program ins A2019‑26 s 26
am A2023-54 s 62
def pre-service teachers register ins A2019‑26 s 26
def professional experience ins A2019‑26 s 26
def registered school address om A2023-54 s 63
def registered teacher sub A2023-54 s 64
def registered teaching address ins A2023-54 s 65
def registration sub A2023-54 s 66
def registration as an early childhood teacher ins
A2023-54s 67
def registration card om A2023-54 s 68
def registration certificate om A2023-54 s 68
def registration number om A2023-54 s 68
def working with vulnerable people registration ins A2019‑26 s 26
sub A2020‑29 amdt 1.12
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No and date Effective Last amendment made by Republication for R1
1 Jan 20111 Jan 2011–
30 June 2011not amended new Act R2
1 July 20111 July 2011–
5 Aug 2011A2011‑22 amendments by A2011‑22 R3
6 Aug 20116 Aug 2011–
3 Oct 2011SL2011‑24 modifications by SL2010‑53 as amended by SL2011‑24 R4
4 Oct 20114 Oct 2011–
11 Dec 2011A2011‑34 amendments by A2011‑34 R5
12 Dec 201112 Dec 2011–
4 June 2012A2011‑52 amendments by A2011‑52 R6
5 June 20125 June 2012–
7 Nov 2012A2012‑21 amendments by A2012‑21 R7
8 Nov 20128 Nov 2012–
8 Nov 2013A2012‑21 amendments by A2011‑45 R8
9 Nov 20139 Nov 2013–
1 Jan 2014A2012‑21 expiry of provisions (div 4.1A, s 32 (2)-(4), s 33 (2)-(4), s 35 (2)-(4), s 35A, s 35B, s 51 (6), (7), s 53 (6), (7)) R9
2 Jan 20142 Jan 2014–
16 Nov 2014A2012‑21 expiry of modification and transitional provisions (pt 15) R10
17 Nov 201417 Nov 2014–
2 June 2015A2014-49 amendments by A2014-49 R11
3 June 20153 June 2015–
13 Oct 2015A2015-16 amendments by A2015-16 R12
14 Oct 201514 Oct 2015–
26 Apr 2016A2015‑33 amendments by A2015‑33 R13
27 Apr 201627 Apr 2016–
31 Aug 2016A2016‑18 amendments by A2016‑18 R14
1 Sept 20161 Sept 2016–
8 Mar 2017A2016‑52 amendments by A2016‑52 R15
9 Mar 20179 Mar 2017–
31 Mar 2019A2017-4 amendments by A2017-4 R16
1 Apr 20191 Apr 2019–
28 Aug 2019A2019‑4 amendments by A2019‑4 R17
29 Aug 201929 Aug 2019–
31 Dec 2019A2019‑26 amendments by A2019‑26 R18
1 Jan 20201 Jan 2020–
31 Jan 2021A2019‑26 amendments by A2019‑26 R19
1 Feb 20211 Feb 2021–
23 Aug 2022A2020‑29 amendments by A2020‑29 R20
24 Aug 202224 Aug 2022–
19 Dec 2022A2022‑14 amendments by A2022‑14 R21
20 Dec 202220 Dec 2022–
29 Sept 2023A2022‑14 amendments by A2022‑10 R22
30 Sept 202330 Sept 2023–
30 Sept 2023A2023‑38 amendments by A2023‑38 R23
1 Oct 20231 Oct 2023–
31 Dec 2023A2023‑38 expiry of validation provisions (pt 17) R24
1 Jan 20241 Jan 2024–
31 Mar 2024A2023‑54 amendments by A2023‑54 R25
1 Apr 20241 Apr 2024–
29 Aug 2024A2023‑54 amendments by A2023‑54 R26
30 Aug 202430 Aug 2024–
1 Jan 2025A2023‑54 expiry of transitional provisions (pt 16)
Expired transitional or validating provisions
This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).
Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.
To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act.
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